CLERK’S
OFFICE
if
CONTROL BOARD
M~\R2 ~ 2003
STATE OF ILUNOIS
Pollution
Control Board
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
(IEPA No.
145-03-AC)
v.
)
)
LARRY BEAM
)
)
Respondent.
)
NOTICE
OF FILING
To:
Larry Beam
14564 Illinois Highway
81
Cambridge, Illinois 61238
PLEASE TAKE NOTICE that on this date I mailed for filingwith the Clerk ofthe Pollution ControlBoard ofthe
State ofIllinois the following instrument(s) entitled ADMiNISTRATIVE CITATION, AFFIDAVIT, and OPEN
DUMP INSPECTION CHECKLIST.
Respectfully submitted,
J~LL~t1
icheleM. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
March 24, 2003
THIS FILING SUBMITTED ON RECYCLED PAPER
JTK~NCONTROL
BOARD
M
STATE
OP
ILLINOIS
On
Contr0jBoa~~
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
)
(IEPA No.
145-03-AC)
v.
)
)
LARRY BEAM
)
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section 31.1
of the Illinois Environmental Protection Act, 415
ILCS 5/31.1
(2000).
FACTS
1.
That
Larry
Beam
(“Respondent”)
is the
present
owner
and
operator of a facility
located
adjacent to
the Cambridge Municipal Landfill,
east of Cambridge,
Henry County,
Illinois.
The
property
is
commonly
known
to
the
Illinois
Environmental
Protection
Agency
as
Cambridge/Beam
Property.
2.
That
said
facility
is
an
open
dump
operating
without
an
Illinois
Environmental
Protection Agency Operating
Permit and is designated with Site Code No. 0738055001.
3.
That Respondent has owned and operated said facility at all times pertinent hereto.
4.
That on January31,
2003, Jeff Port of the Illinois
Environmental Protection Agency’s
Peoria Regional Office inspected the above-described facility.
A copy of his inspection report setting
forth the results of said
inspection is attached
hereto and
made a part hereof.
VIOLATIONS
Based
upon direct observations made by Jeff Port during the course of his January 31, 2003
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that
Respondent has violated
the Illinois Environmental
Protection Act (hereinafter, the “Act”) as
follows:
(1)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
litter,
a violation
of
Section
21(p)(1)
of
the Act,
415
ILCS
5/21(p)(1)
(2000).
(2)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
open
burning,
a
violation
of
Section
21(p)(3)
of
the Act,
415
ILCS
5/21 (p)(3)
(2000).
(3)
That
Respondent
caused
or allowed
the
open
dumping
of
waste
in
a
manner
resulting
in
deposition
of
general
construction
or
demolition
debris
or
clean
construction ordemolition debris, a violation of Section 21 (p)(7) of theAct,415 ILCS
5/21 (p)(7) (2000).
CIVIL PENALTY
On
January 24,
2002,
the Pollution
Control
Board
found
that
Respondent
had
violated
subsections
(1),
(3),
and
(7) of Section
21(p) of the Act, 415
ILCS 5/21(p)
(2000),
Illinois EPA
v.
LarryBeam,
AC 2002-028 (January24, 2002).
Pursuantto Section 42(b)(4-5) of theAct, 415 ILCS
5/42(b)(4-5) (2000), Respondent is subject to a civil penalty of Three Thousand Dollars ($3,000.00)
for the second offense of each of theviolations idenffliedabove, for a total of Nine Thousand Dollars
($9,000.00).
If Respondent
elects not to petition the Illinois Pollution Control Board, the statutory
2
civil penalty specified
above shall be due and payable no later than April 30, 2003, unless otherwise
provided
by order of the Illinois
Pollution Control Board.
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board
in accordance with Section 31.1
of the Act, 415 ILCS 5/31.1(2000), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, afteran adjudicatoryhearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall
be assessed
in
addition
to the One Thousand
Five
Hundred Dollar ($1,500.00) statutory civil penalty for each
violation.
Pursuant to Section 31.1 (d)(1) of the Act, 415 ILCS 5/31.1
(d)(1)
(2000), if Respondent fails
to
petition orelect not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35)
days of the date of service,
the Illinois
Pollution Control
Board shall
adopt
a
final
order,
which shall include
this
Administrative
Citation
and
findings
of violation
as
alleged
herein, and shall impose the statutory civil penalty specified
above.
When
payment
is
made,
Respondent’s
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North
Grand Avenue East,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276.
Along
with
payment,
Respondent
shall complete
and
return
the enclosed
Remittance Form to ensure proper documentation of payment.
Ifany civil penalty and/or hearing costs are not paid within the1irrre~prescribed
byorder of the
Illinois
Pollution
Control
Board,
interest on
said
penalty and/or
hearing
costs
shall
be
assessed
againstthe Respondentfrom the date payment is due up to and including the date that payment is
received.
The
Office
of the
Illinois Attorney
General may
be
requested
to
initiate
proceedings
against Respondent in
Circuit Court to
collect said
penalty and/or hearing costs,
plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent
has
the
right
to
contest
this
Administrative
Citation
pursuant
to
and
in
accordance with Section
31.1
of the Act, 415 ILCS 5/31/1
(2000).
If Respondent elects to contest
this Administrative Citation, then Respondents shall file a Petition for Review, including a Notice of
Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois Pollution Control
Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois 60601. A copy of
said Petition for Review shall be filed with the Illinois Environmental Protection Agency’s Division of
Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section 31 ~1of the Act provides that any Petition for Review shall be filed within thirty-five (35) days
of the date of service of this Administrative Citation orthe
Illinois Pollution Control Board shall enter
a default judgment against the Respondent.
J~2AA.t.,
C
U44.~o~b~
Date:
J
~
3
Renee Cipriano,
Directhr
,4~
....rc..c..
Illinois Environmental Protection Agency
Prepared
by:
Michelle M.
Ryan, Assistant Counsel
Division of Legal
Counsel
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
(IEPA No.
145-03-AC)
v.
)
LARRY BEAM
)
)
Respondent.
)
FACILITY:
Beam
Property
SITE CODE
NO.:
0738055001
COUNTY:
Henry
CIVIL PENALTY:
$9,000.00
DATE OF INSPECTION:
January 31, 2003
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please enter
the
date
of your
remittance,
your
Social
Security number
(SS)
if an
individual
or
Federal Employer Identification Number(FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is
enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency, Attn.:
Fiscal
Services, P.O.
Box 19276,
Springfield, Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
Larry Beam
)
IEPA DOCKET NO.
RESPONDENT
Affiant, Jeff Port,
being first duly sworn, voluntarily
deposes and states as follows:
1.
Affiant is a field inspector employed by the Land
Pollution Control Division of the Illinois Environmental
Protection Agency and has been so employed at all times pertinent
hereto.
2.
On January
31,
2003,
between 12:47
PM and 1:10
PM,
Affiant conducted an inspection of the open dump in Henry County,
Illinois, known as the Beam Property,
Illinois Environmental
Protection Agency Site No.
0738055001.
3.
Affiant inspected said Beam Property open dump site by
an on-site inspection, which included walking and photographing
the site.
4.
As a result of the activities referred to in
Paragraph
3 above, Affiant completed the Inspection Report form
attached hereto and made a part hereof,
which,
to the best of
Affiant’s knowledge and belief,
is an accurate representation of
Aff±ant’sobservations and factual conclusions with respect to
said Beam Property open dump.
Subscribed and Sworn to)Defore
me this
~
/s7L
day of
~°
3
rCAROLVNaSCHWETE1
Not ry Public
Notary Public, State of
Ililnois
My
Comrn~ss
ion ExpI~
4-28
2003
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Open Dump Inspection
Checklist
County:
Henry
LPC#:
0738055001
Region:
3
-
Peoria
Location/Site Name:
Cambridge/Beam
Property
Date:
01/31/2003
Time:
From
12:47 PM
To
1:10 PM
Previous Inspection Date:
10/26/2001
Inspector(s):
Jeff Port
Weather:
Overcast 30
Degrees
F
No. of Photos Taken:
#
32
Est. Amt. of Waste:
600
yds3
Samples Taken:
Yes #
No
~
Interviewed:
No
One Present
Complaint #:
C-00-090-P,C-00-091-P, C-00-093-P
Responsible Party
Mailing Address(es)
and
Phone
Number(s):
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION ACT
REQUIREMENTS
1.
9(a)
CAUSE,
THREATEN OR ALLOW AIR
POLLUTION
IN ILLINOIS
2.
9(c)
CAUSE
OR
ALLOW
OPEN
BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
6.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE-
DISPOSAL
OPERATION:
(1)
Withouta Permit
(2)
In Violation of Any Regulations or Standards Adopted by the Board
7.
21(e)
DISPOSE, TREAT, STORE,
OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE
INTO
THE STATE
AT/TO
SITES
NOT MEETING REQUIREMENTS OF
ACT
8.
21(p)
CAUSE
OR ALLOW THE OPEN
DUMPING OF ANY WASTE
IN A MANNER WHICH
RESULTS
IN
ANY OF
THE
FOLLOWING
OCCURRENCES AT THE DUMP SITE:
(1)
Litter
(2)
Scavenging
‘
(3)
Open Burning
(4)
Deposition of Waste
in Standing or Flowing Waters
LII
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing
Liquid Discharge from
the Dump Site
LI
Larry
Beam
14564
IL Highway 81
Cambridge,
IL
61238
Revised 06/18/2001
(Open Dump
-
1)
LPC#
0738055001
Inspection Date:
01/31/2003
(7)
Deposition of General Construction or Demolition
Debris; or Clean Construction or
Demolition
Debris
9.
55(a)
NO PERSON SHALL:
(1)
Cause or Allow Open Dumping
of Any Used or Waste Tire
(2)
Cause_or_Allow_Open_Burning_of_Any_Used_or_Waste_Tire
LI
35
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION
FOR
A PERMIT TO
DEVELOP AND
OPERATEALANDFILL
11.
722.111
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE
OF
SPECIAL WASTE FROM
AWASTE TRANSPORTER
WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM
REGISTRATION AND
PERMIT
AND/OR
MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION
OF:
(fl)
PCB;
(E)
CIRCUIT COURT
CASE_NUMBER:
ORDER_ENTERED ON:
15.
OTHER:
.f~
Informational Notes
)‘ Signature of Inspector(s)
1.
Illinois
Environmental
Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution
Control
Board: 35
Ill. Adm. Code, Subtitle
G.
3.
Statutory and regulatory references herein are provided forconvenience only and should
not be construed
as
legal
conclusions
of the Agency or as limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes
and regulations cited are in summary format.
Full text of requirements can be found
in references listed in
1.
and
2.
above.
4.
The provisions of subsection (p)
of Section 21
of the Illinois
Environmental
Protection Act shall be enforceable either
by administrative citation under Section 31.1
of the Actor by complaint under Section
31
of the Act.
5.
This inspection was conducted in accordance with Sections
4(c) and 4(d) of the Illinois
Environmental Protection Act:
415
ILCS
5/4(c)
and
(d).
6.
Items marked with
an
NE” were not evaluated at the time of this
inspection.
Revised 06/18/2001
(Open Dump
-
2)
•
0738055001
-
Henry County
cambridge/Beam Property
January 31, 2003
Jeff Port
Page
1
Narrative
On
January 31, 2003,
I (Jeff Port) performed a follow-up inspection at the Larry Beam property
located
near
Cambridge,
Illinois
in
Henry
County.
The
purpose
of the
inspection
was
to
determine
if
compliance
had
been
achieved
with
respect
to
the
September
27,
2000
Administrative
Citation Warning Notice.
The notice
was sent
in
response
to
a
September
3,
2000
complaint
investigation
(C-00-090-P).
Inspections
performed
on
June
26,
2001
and
October 26,
2001, revealed that the violations previously observed were-found to be continuing.
I arrived at the site at
12:47 PM.
The weather was overcast and cold, approximately
30 °F. The
gate
to
the
site was open
and
no
one
was
present
when I
arrived.
I
parked
my
vehicle and
proceeded through the gate.
Piles ofasphalt were observed as I walked onto
the property.
They
can be
seen
in photographs
P1
and
P2.
Photograph P3
shows
an
accumulation of waste
tires
between some
semi
trailers
that
appeared
to
be
used for storage.
Photographs
P4
through
P6
show a small
pile of waste that
included waste
tires, processed wood,
a mattress,
and landscape
waste.
Photographs
P7 through
P12 were
taken along the east edge of the property
and
show
several pieces ofconcrete dumped along the edge of the ravine.
Photographs P13 and P14 show
a
pile
of concrete
slabs
near the
north
central
part of
the
site.
Photograph
P15
shows
an
accumulation of tires
on the
west edge of the property.
Photographs
P16 through
P21
show
a
large burn pile.
This pile
was present during previous inspections.
More waste appeared to have
been dumped here since the October 26,
2001, inspection.
The waste included furniture, carpet,
demolition
debris,
scrap metal,
and
landscape waste.
Photographs P22 through P24
show piles
of asphalt,
concrete
and
brick near the center ofthe property.
Photograph P25
shows
a pile of
ground asphalt that appeared to have been dumped recently.
Photographs P26 and P27 show and
accumulation
of white
goods
and
scrap
metal.
Photograph
P28,
P29,
and
P30
show
the
site
looking toward
the
northeast,
east, and
southeast
respectively. These photographs
were
taken
near the entrance to the site.
Photographs P31
and P32 were taken to the south ofthe entrance to
the
site.
A small
trailer of waste is
seen in
these photographs.
Additionally several of the semi
trailers used for storage can be
seen
in these photographs.
After photographing the site, I left at
1:10PM.
Photograph
locations
are depicted
on
the accompanying site map.
Based upon
this inspection,
the following violations appeared to be continuing and are indicated on the accompany checklist.
1.
Pursuant
to
Section
9(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(a)),
no
person shall cause or threaten or allow the discharge or emission of any
contaminant into
the
environment in
any
State
so
as to
cause or
tend to
cause
air
pollution
in
Illinois,
either
alone
or in
combination
with
contaminants
from
other
sources, or so as to
violate regulations
or standards adopted by the Board under this
Act.
A violation ofSection
9(a) ofthe
Illinois
Environmental
Protection Act (415
ILCS
5/9(a))
is
alleged
for the following reason:
By
allowing open burning
at the
site,
you caused air pollution in
Illinois.
0738055001
-
Henry County
Cambridge/Beam Property
January 31, 2003
JeffPort
Page 2
2.
Pursuant to
Section
9(c) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/9(c)),
no
person
shall
cause
or allow
the
open
burning
of refuse,
conduct
any
salvage operation by open burning, or cause or allow the burning ofany refuse in any
chamber not specifically designed for the purpose and approved by the Agency
pursuant
to
regulations
adopted
by
the
Board
under this
Act; except
that
the
Board
may
adopt
regulations
permitting
open
burning
of
refuse
in
certain
cases
upon
a
finding that no
harm will result from such burning, or that any alternative method
of
disposing of such refuse
would
create a
safety
hazard
so extreme
as to justify the
pollution that would result from such burning.
A violation of Section 9(c) ofthe
Illinois
Environmental Protection Act (415 ILCS
5/9(c))
is
alleged for the following
reason:
By
allowing
open burning at the site,
you caused air pollution in Illinois.
3.
Pursuant to
Section
12(a) of the
Illinois
Environmental
Protection Act
(415
ILCS
5/12(a)), no person shall cause or threaten or allow the discharge ofany contaminants
into the
environment in
any
State
so
as to
cause or tend to
cause water pollution
in
Illinois,
either
alone
or in
combination
with
matter from
other
sources,
or so as
to
violate regulations
or standards
adopted
by
the
Pollution
Control Board under
this
Act.
A
violation of Section
12(a)
of the
Illinojs
Environmental
Protection
Act
(415
ILCS 5/12(a)) is alleged for the following reason:
By allowing the accumulation
of
waste at the site, you threatened water pollution in Illinois.
4.
Pursuant to Section 12(d) of the fllinois
Environmental Protection Act (415
ILCS
5/12(d)), no
person shall
deposit any
contaminants upon the
land
in
such place
and
manner so as to create a waterpollution hazard.
A
violation
of Section
12(d)
of the
Illinois
Environmental
Protection
Act
(415
ILCS 5/12(d))
is alleged for the following reason:
By
allowing the accumulation
of
waste
at the site, you
created a water pollution hazard.
5.
Pursuant to
Section
2 1(a)
of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21(a)), no person shall cause or allow the open dumping ofany waste.
A
violation
of Section
21(a)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(a))
is alleged for the following reason:
You
caused or allowed the open
dumping ofwaste at the site.
6.
Pursuant
to
Section
21 (d)( 1) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(d)(1)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
0738055001
-
Henry County
cambridge/Beam Property
January 31, 2003
Jeff Port
Page 3
waste-disposal
operation without a permit
granted by
the Agency
or in violation of
any conditions imposed by such permit.
A violation of Section 21(d)(l)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(d)(1))
is
alleged
for
the
following
reason:
You
conducted
a
waste-
disposal operation at the site without a permit granted by the Agency.
7.
Pursuant to Section 21(d)(2) of the
Illinois
Environmental Protection Act (415
ILCS
5/21(d)(2)),
no
person
shall
conduct
any
waste-storage,
waste-treatment,
or
waste-disposal
operation
in violation of any
regulations
or standards
adopted by the
Board under this Act.
A violation of Section
21(d)(2)
of the
Illinois
Environmental
Protection Act
(415
ILCS
5/21(d)(2))
is
alleged
for
the
following reason:
You
conducted
a
waste-
disposal operation
in violation of Section 812.101(a) ofthe Regulations.
8.
Pursuant to Section
2 1(e) of the
Illinois
Environmental
Protection Act
(415 ILCS
5/21(e)), no person shall dispose,
treat,
store
or abandon any waste, or transport any
waste into this
State
for disposal, treatment,
storage or abandonment, except at a site
or facility which meets the requirements ofthis Act and ofregulations
and
standards
thereunder.
A
violation
of Section
2 1(e)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(e))
is
alleged for the following
reason:
You
conducted a waste-disposal
operation
at
a site that
does not
meet the requirements
of Sections
12(a),
12(d),
21(a), 21(d)(1) and 21(d)(2) of the Act, and Section 812.101(a) of the Regulations.
9.
Pursuant
to
Section
21(p)(1) of the
Illinois
Environmental Protection Act (415
ILCS 5/21(p)(1)), no person shall, in violation of subdivision (a) of this Section,
cause or allowthe open dumping ofany waste in a
manner which results in litter.
The prohibitions spec~Ied
in
this
subsection
(p) shall be
enforceable by
the Agency
either
by
administrative
citation
under
Section
31.1
of this Act
or
as
otherwise
provided by
this
Act.
The spec~f
Ic prohibitions
in
this
subsection
do
not
limit
the
power ofthe Board to establish regulations or standards applicable to open dumping.
A violation of Section 2l(p)(l)
of the
Illinois
Environmental Protection
Act
(415
ILCS
5/21Q)(1))
is
alleged
for the following reason:
The
open dumping
of waste
was caused or allowed in
a mannerwhich resulted in litter.
10. Pursuant
to
Section•
21(p)(3)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(p)(3)),
no
person
shall,
in
violation
of subdivision
(a)
of this
Section,
cause
or allow the
open
dumping
of any
waste
in
a
manner which
results
in
open
burning.
0738055001
-
Henry
County
~ambridge/Beam
Property
•January
3 1, 2003
JeffPort
Page 4
A violation of Section
21QD)(3) of the Illinois
Environmental Protection Act (415
ILCS
5/21 (p)(3))
is
alleged for the following
reason:
The
open dumping
of waste
was caused or allowed in a manner which resulted in open
burning.
11. Pursuant
to
Section
21@)(7)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/21(p)(7)),
no person shall, in violation ofsubdivision
(a) of this Section
21,
cause or allow the open dumping of any waste in a manner which results in the
deposition of
(i)
general
construction
or demolition
debris
as
defined in
Section
3.160(a)
of this
Act; or
(ii) clean
construction
or
demolition
debris
as
defined
in
Section
3.160(b) of this
Act.
A violation of Section 21QD)(7) of the Illinois
Environmental Protection Act (415
ILCS
5/21QD)(7))
is
alleged for the following reason:
The
open dumping
of waste
was
caused
or
allowed
in
a
manner
resulting
in
the
deposition
of
general
construction or
demolition debris
or
clean
construction or
demolition debris
as
defined by Section 3.160(b) ofthis Act.
12. Pursuant
to
Section
55(a)(1)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/55(a)(1)),
no person shall
cause or allow the
open
dumping
of any used or
waste tire.
A violation of Section 55(a)(1) of the
Illinois
Environmental Protection Act (415
ILCS
5/55(a)(1))
is
alleged for the following reason:
The
open dumping of waste
tires was caused
or allowed.
13. Pursuant
to
Section
812.101(a),
all
persons,
except
those
specifically
exempted
by
Section 21(d) ofthe Illinois
Environmental
Protection Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1021(d))
415
ILCS
5/21(d)
shall
submit
to
the
Agency
an
application
for
a
permit
to
develop
and
operate
a
landfill.
The
applications
must
contain
the information
required
by
this
Subpart
and
by
Section
39(a)
of the Act,
except as otherwise provided in 35 Ill. Adm.
Code 817.
A violation of Section
812.101(a) is alleged for the following reason:
You
operated
a
landfill
at
the
site
without
submitting
an
application
for
a
permit
to
the
Agency.
DATE:
January 31, 2003
TIME:
12:47 PM
PHOTOGRAPHED
BY:
Jeff Port
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-O0-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph
taken
toward the east.
PHOTOGRAPH NUMBER:
1
FILE NAME:
0738055001—013 12003-001.jpg
DATE:
January 31, 2003
TIME:
12:47 PM
PHOTOGRAPHED
BY:
JeffPort
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-O0-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH
NUMBER:
2
FILE NAME:
0738055001—01312003-002.jpg
SITE PHOTOGRALPHS
PACE 1
DATE:
January 31, 2003
TIME:
12:48 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the west.
PHOTOGRAPH
NUMBER:
3
FILE NAME:
0738055001—013 12003-003.jpg
SITE PHOTOGRAPHS
PA~GE2
DATE:
January 31, 2003
TIME:
12:49 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:.
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the north.
PHOTOGRAPH
NUMBER:
4
FILE NAME:
0738055001—01312003-004.jpg
SITE PHOTOGRA~PHS
PACE 3
DATE:
January 31, 2003
TIME:
12:49 PM
PHOTOGRAPHED BY:
Jeff Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the north.
PHOTOGRAPH
NUMBER:
5
FILE NAME:
0738055001—013 12003-005.jpg
DATE:
January
31, 2003
TIME:
12:50PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09
1 ,C-00-093-P
COMMENTS:
Photograph taken
towardthe west.
PHOTOGRAPH
NUMBER:
6
FILE NAME:
0738055001—01312003-006.jpg
c::,
r
~
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-
_
-
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-
-~-~~-_
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-
•
-
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_____
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•
DATE:
January 31, 2003
TIME:
12:50 PM
PHOTOGRAPHED BY:
Jeff Port
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-00-090,C-00-09
1,C-00-093-P
COMMENTS:
Photograph taken
toward the
northeast.
PHOTOGRAPH
NUMBER:
7
FILE NAME:
0738055001—01312003-007.jpg
DATE:
January 31,
2003
TIME:
12:5 1 PM
PHOTOGRAPHED
BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph
taken
toward the
northeast.
PHOTOGRAPH
NUMBER:
8
FILE NAME:
0738055001—01312003-008.jpg
SITE
PHOTOGRAPHS
PAGE 4
DATE:
January 31, 2003
TIME:
12:52PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the northeast.
PHOTOGRAPH
NUMBER:
9
FILE NAME:
0738055001—013 12003-009.jpg
DATE:
January 31, 2003
TIME:
12:53PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the
north.
PHOTOGRAPH NUMBER:
10
FILE NAME:
0738055001—01312003-01 0.jpg
SITE PHOTOGRAPHS
PAGE
5
DATE:
January
31, 2003
TIME:
12:55PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-O0-090,C-00-09 1 ,C-00-093-P
COMMENTS: Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
11
FILE NAME:
0738055001—01312003-01 1.jpg
DATE:
January 31, 2003
TIME:
12:55PM
PHOTOGRAPHED BY:
Jeff Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
12
FILE NAME:
0738055001—013 12003-012.jpg
SITE PHOTOGRAPHS
PAGE 6
DATE:
January 31, 2003
TIME:
12:56PM
PHOTOGRAPHED
BY:
Jeff
Port
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the northwest.
PHOTOGRAPH
NUMBER:
13
FILE NAME:
0738055001—01312003-013.jpg
DATE:
January 31, 2003
TIME:
12:57PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the northeast.
PHOTOGRAPH NUMBER:
14
FILE NAME:
0738055001—013 12003-014.jpg
SITE PHOTOGRAPHS
PACE 7
DATE:
January 31, 2003
TIME:
12:57 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the northwest.
PHOTOGRAPH
NUMBER:
15
FILE NAME:
0738055001—013 12003-015.jpg
DATE:
January 31, 2003
TIME:
12:58 PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the
northeast.
PHOTOGRAPH NUMBER:
16
FILE NAME:
0738055001—013 12003-016.jpg
SITE PHOTOGRAPHS
PACE 8
•
..
SITE PHOTOGRAPHS
PAGE
9
DATE:
January 31, 2003
TIME:
12:59PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
towardthe east.
PHOTOGRAPH NUMBER:
17
FILE NAME:
0738055001—01312003-017.jpg
DATE:
January 31, 2003
TIME:
12:59PM
PHOTOGRAPHED
BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-0O-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
18
FILE NAME:
0738055001—01312003-018.jpg
;~
I
I
I
I
if
i~*~4
•?
-
______
___
4
DATE:
January
31, 2003
TIME:
12:59PM
PHOTOGRAPHED BY:
Jeff Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph
taken
toward the south.
PHOTOGRAPH
NUMBER:
19
FILE NAME:
0738055001—013 12003-019.jpg
DATE:
January 31, 2003
TIME:
1:00PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the
southwest.
PHOTOGRAPH
NUMBER:
20
FILE NAME:
0738055001—013 12003-020.jpg
SITE PHOTOGRAPHS
PAG-E 10
DATE:
January 31, 2003
TIME:
1:00
PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
HenryCounty
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the
west.
PHOTOGRAPH NUMBER:
21
FILE NAME:
0738055001—01312003-021 .jpg
DATE:
January 31, 2003
TIME:
1:02PM
PHOTOGRAPHED BY:
Jeff Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH NUMBER:
22
FILE NAME:
0738055001—013 12003-022.jpg
SITE PHOTOGRAPHS
PACE 11
DATE:
January 31, 2003
TIME:
1:02 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH
NUMBER:
23
FILE NAME:
0738055001—013 12003-023.jpg
DATE:
January 31, 2003
TIME:
1:03PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09
1,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH
NUMBER:
24
FILE NAME:
0738055001—013 12003-024.jpg
SITE PHOTOGRkPHS
PAG-E12
DATE:
January 31, 2003
TIME:
1:04 PM
PHOTOGRAPHED
BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09
1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the southwest.
PHOTOGRAPH
NUMBER:
25
FILE NAME:
0738055001—01312003-025.jpg
DATE:
January 31, 2003
TIME:
1:05
PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph
taken
toward the east.
PHOTOGRAPH
NUMBER:
26
FILE NAME:
0738055001—013 12003-026.jpg
SITE PHOTOGRAPHS
PAGE 13
~i1
DATE:
January 31, 2003
TIME:
1:05 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph
taken
toward the east.
PHOTOGRAPH
NUMBER:
27
FILE NAME:
0738055001—013 12003-027.jpg
DATE:
January 31, 2003
TIME:
1:06PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the northeast.
PHOTOGRAPH
NUMBER:
28
FILE NAME:
0738055001—01312003-028.jpg
SITE PHOTOGRAPHS
PAGE 14
DATE:
January 31, 2003
TIME:
1:06 PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/Beam
Property
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph taken
toward the east.
PHOTOGRAPH
NUMBER:
29
FILE NAME:
0738055001—013 12003-029.jpg
DATE:
January 31, 2003
TIME:
1:06PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09 1 ,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH
NUMBER:
30
FILE NAME:
0738055001—013 12003-030.jpg
SITE PHOTOGRAPHS
PAGE 15
DATE:
January 31, 2003
TIME:
1:07PM
PHOTOGRAPHED BY:
JeffPort
LOCATION:
0738055001
--
Henry County
Cambridge/BeamProperty
Complaint#C-00-090,C-00-09 1,C-00-093-P
COMMENTS:
Photograph
taken
toward the
southeast.
PHOTOGRAPH
NUMBER:
31
FILE NAME:
0738055001—01312003-031 .jpg
DATE:
January 31, 2003
TIME:
1:07 PM
PHOTOGRAPHED BY:
Jeff
Port
LOCATION:
0738055001
--
Henry County
Cambridge/Beam Property
Complaint#C-00-090,C-00-09
1,C-00-093-P
COMMENTS:
Photograph taken
toward the southeast.
PHOTOGRAPH
NUMBER:
32
FILE NAME:
0738055001—013
12003-032.jpg
SITE PHOTOGRAPHS
PAGE 16
CLERK’S
OFFICE
MI~R
2
6
2003
STATE
OF
ILLINOIS
I hereby certify that I did on
•
~
Requested, withpostage thereon
fullyprep aid, by depositing
in aUnited StatesPost OfficeBoxa
true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN
DUMP INSPECTION CHECKLIST
To:
Larry Beam
14564
Illinois
Highway
81
Cambridge,
Illinois 61238
and
the original and nine (9) true and
correct copies of
the same foregoing
instruments on
the same
date by by Certified Mail with postage thereon fully prepaid.
To:
Dorothy
Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100
West
Randolph
Street, Suite
11-500
Chicago, Illinois 60601
~eM.R&1~
Special Assistant
Attorney General
Illinois Environmental Protection Agency
1021
North Grand
Avenue
East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
